Employment Discrimination Blog

What is age discrimination and what are my right if I am discriminated against due to my age?

In today’s youth driven society, age discrimination is rampant. Anyone who is over the age of 40 and hunting for a job should be aware of what constitutes age discrimination and what your legal rights may be if you become the victim of such discrimination. Our Atlanta employment discrimination lawyers at Pankey & Horlock, LLC discuss the complex subject of age discrimination below.

What is Age Discrimination?

The Age Discrimination in Employment Act (ADEA) of 1967 was passed in order to protect individuals forty years and older from discrimination in the workplace due to their age. Under the ADEA, it is unlawful for an employer to discriminate against a person for his or her age with respect to hiring, firing, compensation, benefits, layoffs, promotions, job assignments, and training. Further, the ADEA renders it unlawful to retaliate against an individual for filing a claim for age discrimination.

Criteria for an Age Discrimination Lawsuit

Even if you suspect you have been passed over for a job due to your age, it can be extremely difficult to substantiate a claim of age discrimination. There are a few grounds on which you could bring a successful age discrimination suit, including:

Your potential employer hires a lesser qualified younger person for the position you applied for: One of the most traditional ways in which to prove age discrimination is uncovering that a younger, but less qualified person got your job. The employer accused of discrimination on this grounds will need to produce a legitimate reason for hiring the younger person, aside from age. This suit can be hard, however, because you will rarely have any idea who was hired for the position you interviewed.

The employer specifically recruits younger people: While most employers would not admit to specifically hiring young people, many recruit exclusively at colleges. Several class actions have been filed against employers for systemic discrimination against older applicants based on their clear desire to attract young employees. Your employment discrimination lawyer will evaluate the grounds surrounding your potential employer’s decision to hire someone else to determine whether you may have a viable claim for age discrimination.